International law, thesis, International law systemn, legal regimesn, International Bank for Reconstruction and Development, world bank, GATT General Agreement on Tariffs and Trade, International Law Commission, applicable law, UN United Nations
The International Bank for Reconstruction and Development Articles of Agreement of 1944 emphasizes that the World Bank must disregard political factors and solely base its decisions and operation on economic grounds. Highlighting that the consent-based nature of the international legal system gave birth to several treaty regimes each isolated from one another and dealing with a particular issue. For example, the IMF, the World Bank and the WTO (GATT at the time) were founded in 1944 at the Bretton Woods conference with the objective of restoring the collapsing post-war economy and upholding global economic relations. The economic sphere, constituted of the Bretton Woods Institutions and the states gravitating around them, was not linked to the political sphere, operated by United Nations institutions.
[...] Joost Pauwelyn, The Role of Public International Law in the WTO: How Far Can We Go? Am. J. INT'L L (2001) Maximo Langer, The Rise of Managerial Judging in International Criminal Law and Binary Thinking About Criminal Procedure, (2005) William W. Burke-White, International Legal Pluralism, Michigan Journal of International Law Volume 25 Issue 4 (2004) William W. Burke-White, A Community of Courts: Toward a System of International Criminal Law Enforcement, Univ of Penn Law School, (2002) Lawrence v. Texas U.S (2003) Delcourt v. [...]
[...] International law is a politically efficient means to tackle these issues as it mirrors our complex globalized world. Therefore, this wealth of new rules is the reflection of the growing importance of international law. Over the past three decades, new forms of interconnection between international legal regimes have emerged, leading toward the materialization of a pluralist international legal system. The development of new enforcement mechanisms, such as the International criminal tribunals ruling over post-conflict international crimes: these courts are described as 'hybrid' because they combine international and national law. [...]
[...] Therefore, this emerging model of international law is neither fragmented nor completely unitary. It appears to be shaped by two antagonistic powers: fragmentation and interconnection, which can coincide in the form of a pluralist system. Today, the growing connectedness of legal regimes, judges, internal lawyers and treaty drafters is such that fragmentation can be seen as an opportunity for the emergence of a healthy pluralist system. At the national, regional and international level lawmakers' decisions are recognized as legitimate and based on a set of shared principles and values. [...]
[...] This harmonization trend could be an element to foster communication among tribunals and complementary ruling. Indeed, the co-existence of legal procedures drawn from different traditions provide a common set of understandings for national and international courts. Therefore, leading the way for more transparent and shared international procedures, preserving the interconnectedness and ,to some extent, unity of International law. The robust "interjudicial dialogue"9 is the last element preserving the unity of international law. Behind this expression are grouped all the means to share information available to the actors. [...]
[...] Burke-White in A Community of Courts10 explains that the dialogue in the International Criminal regime is the most inclusive. He mentions the example of the exchange of judges among different tribunals. Diverse national courts have cited the jurisprudence of supranational courts in their rulings. For example, in the case Lawrence v. Texas11, in 2003 the US Supreme Court cited a decision of the European Court of Human Rights. Such dialogue also occurs between foreign national courts. Judges organise meetings and remain in contact via email. [...]
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